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STATE v. PRATT

TC 86-328 CR; SC S34964.

785 P.2d 350 (1990)

309 Or. 205

STATE of Oregon, Respondent, v. Jesse Clarence PRATT, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Diane S. Lefkow, Asst. Atty. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem.

GILLETTE, Justice.

This criminal case is before us on defendant's automatic direct appeal of his judgment of conviction and sentence of death for two counts of aggravated murder. We reverse both the conviction and the sentence of death and remand for a new trial.

THE CRIME

Defendant was charged with two separate counts of aggravated murder of Carrie Love. One count alleged that he murdered Love in the course of attempting to rape her. The other count...

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